Amendment to Oil and Gas Lease to Extend Primary Term

State:
Multi-State
Control #:
US-OG-084
Format:
Word; 
Rich Text
Instant download

Description

If a lease will expire, by its own terms, and the lessee desires to maintain the lease in effect by the payment of bonus, rather than commencing operations, and the terms of the original lease continue to be acceptable to the lessor, the parties may elect to amend the existing lease to extend the primary term, rather than entering into a new lease. This form addresses that situation.

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FAQ

(Oil & Gas) This form is a memorandum of lease that summarizes an oil and gas lease without disclosing confidential information contained in the lease itself. It is filed in the county in which the leased property is located to put third parties on notice that a lease exists.

Oil & gas royalties are paid monthly, consistent with the normal accounting cycle of the producer, unless the obligation does not meet the minimum check requirement for that particular state. These laws are generally known as aggregate pay laws, usually set at either $25 or $100.

For many years, almost all oil and gas leases reserved a 1/8th royalty. Today, the royalty fraction is negotiable, and is usually between 1/8th and 1/4th. Bonus. The bonus is the amount paid to the Lessor as consideration for his/her execution of the lease.

Not necessarily. Where your royalty is based on volume of production and your lease is for a period of years and as much longer as oil and gas is produced, or similar language is contained in your lease, your lease may not automatically expire at the end of its primary term.

A royalty is the portion of production the landowner receives. A royalty clause in the oil or gas title process will typically give a percentage of the lease that the company pays to the owner of the mineral rights, minus production costs. Royalties are free from costs and charges, other than taxes.

Consideration paid to the lessor by a lessee to extend the terms of an oil and gas lease in the absence of operations and/or production that is contractually required to hold the lease.

Delay Rental is another type of Rental payment. Within the lease, a Delay Rental is a yearly payment made to the lessor by the lessee during the primary term of the lease to compensate for drilling that is going to be delayed.

Whenever oil or gas production begins, the landowner is entitled to part of the total production. A royalty is agreed upon as a percentage of the lease, minus what was reasonably used in the Lessee's production costs. The royalty is paid by the Lessee to the owner of the mineral rights, the Lessor in the Lease.

In the event oil and gas were found and the wells produce, then the royalties kick in. So if the oil well produce 100 barrels a day, and the price of oil is $80 per barrel that month, then the cash flow is 100x$80 = $8,000/day The royalty owner, who agreed to 15% royalty, would receive $8,000 x 0.15 = $1,200/day.

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Amendment to Oil and Gas Lease to Extend Primary Term